A Matter for the Arbiter

[Verion]

Mr. Arbiter,

I have noticed that not long ago, a resolution was proposed by the Micras Treaty Organisation (MTO) with the intent to carry out an anti-piracy mission. I have also noticed that Her Niftiness the Kaiseress has already assured th MTO of Shireroth's support for the motion. However, it is my opinion that this resolution needs to be treated as a treaty, since it is agreed upon by a collective of national governments.

I am aware of the fact that Shireroth has ratified the Law of the Seas, which prohibits pirate activity. However, I believe that this resolution goes much further than this treaty, since it explicitly calls for direct action rather than condemnation.

As you must be aware, our Charter dictates that the Landsraad must pass Treaties, and, if you and I are in agreement upon the nature of this resolution, the Landsraad's vote is needed before the representative of the Imperial Republic supports this resolution in the General Assembly of the MTO. In that case, the voiced support for the resolution by Her Niftiness should be deemed preliminary.

I would strongly value your perspective on this matter, as an expert on the laws of this great nation.

[Malliki Nur Pinito]

I think it sounds like an interesting issue to look into. You should bring suit against the Kaiseress.

[Verion]

I am certain that this will be settled in a civilized manner, no need to put Her Niftiness through the ordeal of a trial. I look forward to your judgement.

[Malliki Nur Pinito]

You have my reply. However, if you want a formal ruling, you need to bring formal suit in the matter. The Imperial Judex does not rule on vague questions of law without giving all interested parties a chance to weigh in. Consider the Judex Leges your guide when filing suit.

[Kaiseress Kizzy]

I believe my vote was well within my rights as foreign policy maker for the Republic. My vote was merely to establish the Mission, which is inline with the foreign policy I feel is best for Shireroth. My vote did not commit resources to the proposed armada which would have been handled in a separate procedure (informing the SecGen of our express intent to join the armada and what forces we will be sending, if any).

[Vilhelm Benkern]

An interesting question, for sure, but I hope this action isn't brought, for the good of the preservation of what limited powers the Kaiser has under the Charter as it stands.

[Malliki Nur Pinito]

The Kaiser has vast powers under the current Charter, or are we not reading the same document?

[Verion]

Why can't you give your perspective on the matter of the interpretation of the MTO resolution without me having to file a lawsuit against the Kaiseress?

[HIH Prince Daniel]

I would like to point out to the Minister of Military Affairs that Her Imperial Niftiness, as supreme judicial power in Shireroth, cannot be sued. Miller v IR et al. (3938).

[Verion]

I would like to point out to the Minister of Military Affairs that Her Imperial Niftiness, as supreme judicial power in Shireroth, cannot be sued. Miller v IR et al. (3938).

I have no intention of doing that, as I just made clear.

[Malliki Nur Pinito]

Because the rules of the Judex are formulated in that way. I will not be making any exceptions to them just because you can't be bothered with filling out a simple form. File suit against whomever you want, but I cannot rule in a matter if there is no matter to rule on. Since this claim obviously has a counterpart, the Kaiseress has even replied to your statements here, I would violate due process by issuing a ruling without hearing all parties.

As for the issue raised by Prince Daniel, the current Charter does not grant any judicial powers to the Kaiseress. Instead, the judicial power is vested in the Imperial Judex. This means that it is perfectly reasonable to file suit against the Kaiseress acting in zir role as Kaiseress.

[Verion]

Very well, I wish to stress I don't wish to cause any disrespect to the Mango Throne:

(a) the Claimant´s full name: Jacob Darylion-Verion
(b) the defendant´s full name: Kizzy Drakland, Her Niftiness Kizzy I
(c) a brief précis of the facts of the matter:
Mr. Arbiter,

I have noticed that not long ago, a resolution was proposed by the Micras Treaty Organisation (MTO) with the intent to carry out an anti-piracy mission. I have also noticed that Her Niftiness the Kaiseress has already assured th MTO of Shireroth's support for the motion. However, it is my opinion that this resolution needs to be treated as a treaty, since it is agreed upon by a collective of national governments.

I am aware of the fact that Shireroth has ratified the Law of the Seas, which prohibits pirate activity. However, I believe that this resolution goes much further than this treaty, since it explicitly calls for direct action rather than condemnation.

As you must be aware, our Charter dictates that the Landsraad must pass Treaties, and, if you and I are in agreement upon the nature of this resolution, the Landsraad's vote is needed before the representative of the Imperial Republic supports this resolution in the General Assembly of the MTO. In that case, the voiced support for the resolution by Her Niftiness should be deemed preliminary.

(d) the laws which the applicant believes the named defendant has broken: The Imperial Charter
(e) a copy of any evidence already secured that is relevant to the trial and to the law indicated in (d): /
(f) a list of all relevant links to the evidence (if any) provided in (e) in chronological order:

http://shireroth.org/shirewiki/Charter_ ... finition_3
http://hub.mn/forum/viewtopic.php?p=87735#p87735
http://hub.mn/forum/viewtopic.php?p=87738#p87738

(g) any other material that is necessary for the hearing of the application.
(h) a copy of the order made by the Judex: N/a

[Malliki Nur Pinito]

Thank you. I find that you as a member of the Landsraad has standing in the matter. I will process with this matter within reasonable time.

[Kaiseress Kizzy]

No disrespect is taken by the Throne, and we applaud the opportunity to demonstrate the Shirerithian tradition of jurisprudence and the ability of our government to balance and check itself.